SUBCHAPTER I—GENERAL PROVISIONS
Editorial Notes
Codification
1955—
§1621. Definitions
For the purposes of this subchapter—
(a) The term "person" shall include an individual, partnership, corporation, or the Government of the United States.
(b) The term "United States" when used in a geographical sense shall include the United States, its Territories and insular possessions, and the Canal Zone.
(c) The term "nationals of the United States" includes (1) persons who are citizens of the United States, and (2) persons who, though not citizens of the United States, owe permanent allegiance to the United States. It does not include aliens.
(d) The term "Yugoslav Claims Agreement of 1948" means the agreement between the Governments of the United States of America and of the Federal People's Republic of Yugoslavia regarding pecuniary claims of the United States and its nationals, signed July 19, 1948.
(Mar. 10, 1950, ch. 54, title I, §2,
Editorial Notes
References in Text
For definition of Canal Zone, referred to in subsec. (b), see
Amendments
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter" in opening phrase.
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Short Title of 1999 Amendment
Short Title
Act Mar. 10, 1950, ch. 54, §1,
Titles of Act
Act Aug. 9, 1955, ch. 645, §§1, 3,
Appropriations
Act Mar. 10, 1950, ch. 54, §9,
Guam World War II Loyalty Recognition
"SEC. 1701. SHORT TITLE.
"This title may be cited as the 'Guam World War II Loyalty Recognition Act'.
"SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.
"(a)
"(b)
"SEC. 1703. GUAM WORLD WAR II CLAIMS FUND.
"(a)
"(b)
"(c)
"(1)
"(A) any amount of duties, taxes, and fees collected under such section after fiscal year 2014, over
"(B) the amount of duties, taxes, and fees collected under such section during fiscal year 2014,
shall be deposited into the Claims Fund.
"(2)
"(d)
"(1)
"(2)
"(e)
"SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
"(a)
"(1)
"(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000.
"(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000.
"(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000.
"(2)
"(b)
"(1) In the case of a decedent whose spouse is living as of the date of the enactment of this Act [Dec. 23, 2016], but who had no living children as of such date, the payment shall be made to such spouse.
"(2) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
"(3) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
"(4) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who—
"(A) had a parent who is living as of such date, the payment shall be made to the parent; or
"(B) had two parents who are living as of such date, the payment shall be divided equally between the parents.
"(5) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made.
"(c)
"(1)
"(2)
"(A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
"(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).
"(C) Forced march, internment, or hiding to evade internment.
"(3)
"SEC. 1705. ADJUDICATION.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) in the Federal Register; and
"(ii) in newspaper, radio, and television media in Guam.
"(3)
"(A) be by majority vote;
"(B) be in writing;
"(C) state the reasons for the approval or denial of the claim; and
"(D) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment.
"(4)
"(5)
"(6)
"(A)
"(B)
"(7)
"(8)
"(9)
"(10)
"SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II.
"(a)
"(1) memorialize the events surrounding such occupation; or
"(2) honor the loyalty of the people of Guam during such occupation.
"(b)
"SEC. 1707. AUTHORIZATION OF APPROPRIATIONS.
["(a) Repealed.
"(b)
[
Holocaust Expropriated Art Recovery
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Holocaust Expropriated Art Recovery Act of 2016'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) It is estimated that the Nazis confiscated or otherwise misappropriated hundreds of thousands of works of art and other property throughout Europe as part of their genocidal campaign against the Jewish people and other persecuted groups. This has been described as the 'greatest displacement of art in human history'.
"(2) Following World War II, the United States and its allies attempted to return the stolen artworks to their countries of origin. Despite these efforts, many works of art were never reunited with their owners. Some of the art has since been discovered in the United States.
"(3) In 1998, the United States convened a conference with 43 other nations in Washington, DC, known as the Washington Conference, which produced Principles on Nazi-Confiscated Art. One of these principles is that 'steps should be taken expeditiously to achieve a just and fair solution' to claims involving such art that has not been restituted if the owners or their heirs can be identified.
"(4) The same year, Congress enacted the Holocaust Victims Redress Act (
"(5) In 2009, the United States participated in a Holocaust Era Assets Conference in Prague, Czech Republic, with 45 other nations. At the conclusion of this conference, the participating nations issued the Terezin Declaration, which reaffirmed the 1998 Washington Conference Principles on Nazi-Confiscated Art and urged all participants 'to ensure that their legal systems or alternative processes, while taking into account the different legal traditions, facilitate just and fair solutions with regard to Nazi-confiscated and looted art, and to make certain that claims to recover such art are resolved expeditiously and based on the facts and merits of the claims and all the relevant documents submitted by all parties.'. The Declaration also urged participants to 'consider all relevant issues when applying various legal provisions that may impede the restitution of art and cultural property, in order to achieve just and fair solutions, as well as alternative dispute resolution, where appropriate under law.'.
"(6) Victims of Nazi persecution and their heirs have taken legal action in the United States to recover Nazi-confiscated art. These lawsuits face significant procedural obstacles partly due to State statutes of limitations, which typically bar claims within some limited number of years from either the date of the loss or the date that the claim should have been discovered. In some cases, this means that the claims expired before World War II even ended. (See, e.g., Detroit Institute of Arts v. Ullin, No. 06–10333, 2007 WL 1016996 (E.D. Mich. Mar. 31, 2007).) The unique and horrific circumstances of World War II and the Holocaust make statutes of limitations especially burdensome to the victims and their heirs. Those seeking recovery of Nazi-confiscated art must painstakingly piece together their cases from a fragmentary historical record ravaged by persecution, war, and genocide. This costly process often cannot be done within the time constraints imposed by existing law.
"(7) Federal legislation is needed because the only court that has considered the question held that the Constitution prohibits States from making exceptions to their statutes of limitations to accommodate claims involving the recovery of Nazi-confiscated art. In Von Saher v. Norton Simon Museum of Art, 592 F.3d 954 (9th Cir. 2009), the United States Court of Appeals for the Ninth Circuit invalidated a California law that extended the State statute of limitations for claims seeking recovery of Holocaust-era artwork. The Court held that the law was an unconstitutional infringement of the Federal Government's exclusive authority over foreign affairs, which includes the resolution of war-related disputes. In light of this precedent, the enactment of a Federal law is necessary to ensure that claims to Nazi-confiscated art are adjudicated in accordance with United States policy as expressed in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration.
"(8) While litigation may be used to resolve claims to recover Nazi-confiscated art, it is the sense of Congress that the private resolution of claims by parties involved, on the merits and through the use of alternative dispute resolution such as mediation panels established for this purpose with the aid of experts in provenance research and history, will yield just and fair resolutions in a more efficient and predictable manner.
"SEC. 3. PURPOSES.
"The purposes of this Act are the following:
"(1) To ensure that laws governing claims to Nazi-confiscated art and other property further United States policy as set forth in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration.
"(2) To ensure that claims to artwork and other property stolen or misappropriated by the Nazis are not unfairly barred by statutes of limitations but are resolved in a just and fair manner.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) pictures, paintings, and drawings;
"(B) statuary art and sculpture;
"(C) engravings, prints, lithographs, and works of graphic art;
"(D) applied art and original artistic assemblages and montages;
"(E) books, archives, musical objects and manuscripts (including musical manuscripts and sheets), and sound, photographic, and cinematographic archives and mediums; and
"(F) sacred and ceremonial objects and Judaica.
"(3)
"(4)
"(5)
"SEC. 5. STATUTE OF LIMITATIONS.
"(a)
"(1) the identity and location of the artwork or other property; and
"(2) a possessory interest of the claimant in the artwork or other property.
"(b)
"(c)
"(1) before the date of enactment of this Act—
"(A) a claimant had knowledge of the elements set forth in subsection (a); and
"(B) the civil claim or cause of action was barred by a Federal or State statute of limitations; or
"(2)(A) before the date of enactment of this Act, a claimant had knowledge of the elements set forth in subsection (a); and
"(B) on the date of enactment of this Act, the civil claim or cause of action was not barred by a Federal or State statute of limitations.
"(d)
"(1) pending in any court on the date of enactment of this Act [Dec. 16, 2016], including any civil claim or cause of action that is pending on appeal or for which the time to file an appeal has not expired; or
"(2) filed during the period beginning on the date of enactment of this Act and ending on December 31, 2026.
"(e)
"(1) the claimant or a predecessor-in-interest of the claimant had knowledge of the elements set forth in subsection (a) on or after January 1, 1999; and
"(2) not less than 6 years have passed from the date such claimant or predecessor-in-interest acquired such knowledge and during which time the civil claim or cause of action was not barred by a Federal or State statute of limitations.
"(f)
"(g)
United States Holocaust Assets Commission
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'U.S. Holocaust Assets Commission Act of 1998'.
"SEC. 2. ESTABLISHMENT OF COMMISSION.
"(a)
"(b)
"(1)
"(2)
"(A) eight shall be private citizens, appointed by the President;
"(B) four shall be representatives of the Department of State, the Department of Justice, the Department of the Army, and the Department of the Treasury (one representative of each such Department), appointed by the President;
"(C) two shall be Members of the House of Representatives, appointed by the Speaker of the House of Representatives;
"(D) two shall be Members of the House of Representatives, appointed by the minority leader of the House of Representatives;
"(E) two shall be Members of the Senate, appointed by the majority leader of the Senate;
"(F) two shall be Members of the Senate, appointed by the minority leader of the Senate; and
"(G) one shall be the Chairperson of the United States Holocaust Memorial Council.
"(3)
"(4)
"(5)
"(c)
"(d)
"(e)
"(f)
"(g)
"SEC. 3. DUTIES OF THE COMMISSION.
"(a)
"(1)
"(A) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c);
"(B) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c); or
"(C) in the case of assets consisting of gold bullion, monetary gold, or similar assets, after such assets had been obtained by the Nazi government of Germany from governmental institutions in any area occupied by the military forces of the Nazi government of Germany.
"(2)
"(A) gold, including gold bullion, monetary gold, or similar assets in the possession of or under the control of the Board of Governors of the Federal Reserve System or any Federal reserve bank;
"(B) gems, jewelry, and nongold precious metals;
"(C) accounts in banks in the United States;
"(D) domestic financial instruments purchased before May 8, 1945, by individual victims of the Holocaust, whether recorded in the name of the victim or in the name of a nominee;
"(E) insurance policies and proceeds thereof;
"(F) real estate situated in the United States;
"(G) works of art; and
"(H) books, manuscripts, and religious objects.
"(3)
"(4)
"(A)
"(i) The list maintained by the United States Holocaust Memorial Museum in Washington, D.C., of Jewish Holocaust survivors.
"(ii) The list maintained by the Yad Vashem Holocaust Memorial Authority in its Hall of Names of individuals who died in the Holocaust.
"(B)
"(i) The number of policies issued by each company to individuals described in such subparagraph.
"(ii) The value of each policy at the time of issue.
"(iii) The total number of policies, and the dollar amount, that have been paid out.
"(iv) The total present-day value of assets in the United States of each company.
"(C)
"(b)
"(1) after having been obtained from victims of the Holocaust by, on behalf of, or under authority of a government referred to in subsection (c); or
"(2) because such assets were left unclaimed as the result of actions taken by, on behalf of, or under authority of a government referred to in subsection (c).
"(c)
"(1) the Nazi government of Germany;
"(2) any government in any area occupied by the military forces of the Nazi government of Germany;
"(3) any government established with the assistance or cooperation of the Nazi government of Germany; and
"(4) any government which was an ally of the Nazi government of Germany.
"(d)
"(1)
"(2)
"SEC. 4. POWERS OF THE COMMISSION.
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) enter into contracts and modify, or consent to the modification of, any contract or agreement to which the Commission is a party; and
"(2) acquire, hold, lease, maintain, or dispose of real and personal property.
"SEC. 5. COMMISSION PERSONNEL MATTERS.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) serve as principal liaison between the Commission and other Government entities;
"(B) be responsible for the administration and coordination of the review of records by the Commission; and
"(C) be responsible for coordinating all official activities of the Commission.
"(4)
"(A) the rate of pay for the executive director of the Commission may not exceed the rate payable for level III of the Executive Schedule under
"(B) the rate of pay for the deputy executive director, the general counsel of the Commission, and other Commission personnel may not exceed the rate payable for level IV of the Executive Schedule under
"(5)
"(A)
"(B)
"(6)
"(A) may promulgate regulations to apply the provisions referred to under subsection (a) to employees of the Commission; and
"(B) shall provide support services, on a reimbursable basis, relating to—
"(i) the initial employment of employees of the Commission; and
"(ii) other personnel needs of the Commission.
"(d)
"(e)
"(f)
"(g)
"(1)
"(2)
"(h)
"SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.
"Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act.
"SEC. 7. TERMINATION OF THE COMMISSION.
"The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 3.
"SEC. 8. MISCELLANEOUS PROVISIONS.
"(a)
"(b)
"SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated not more than $6,000,000, in total, for the interagency funding of activities of the Commission under this Act for fiscal years 1998, 1999, 2000, and 2001, of which, notwithstanding
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§2, 4, eff. July 1, 1954, 19 F.R. 3985,
§1622. Establishment of International Claims Commission
(a), (b) Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 656
(c) Rules and regulations; termination date; removal of personnel; reports
The Commission may prescribe such rules and regulations as may be necessary to enable it to carry out its functions, and may delegate functions to any member, officer, or employee of the Commission. The President may fix a termination date for the authority of the Commission, and the terms of office of its members under this subchapter. Any member of the Commission may be removed by the Secretary of State, upon notice and hearing, for neglect of duty, or malfeasance in office, but for no other cause. Not later than six months after its organization, and every six months 1 thereafter, the Commission shall make a report, through the Secretary of State, to the Congress concerning its operations under this subchapter. The Commission shall, upon completion of its work, certify in duplicate to the Secretary of State and to the Secretary of the Treasury the following: (1) A list of all claims disallowed; (2) a list of all claims allowed, in whole or in part, together with the amount of each claim and the amount awarded thereon; and (3) a copy of the decision rendered in each case.
(Mar. 10, 1950, ch. 54, title I, §3,
Editorial Notes
Amendments
1966—Subsec. (a).
Subsec. (b).
Subsec. (d).
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Subsec. (c). Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
1953—Act Aug. 8, 1953, added par. at end which was editorially designated as subsec. (d).
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Modification of Reporting Requirements
Executive Documents
Abolition of International Claims Commission
International Claims Commission of the United States abolished by Reorg. Plan No. 1 of 1954, §4(a), eff. July 1, 1954, 19 F.R. 3985,
Abolition of Functions of Secretary of State
The functions of the Secretary of State under the third and fourth sentences of subsec. (c) of this section were abolished by Reorg. Plan No. 1 of 1954, §4(b), eff. July 1, 1954, 19 F.R. 3985,
REORGANIZATION PLAN NO. 1 OF 1954
Eff. July 1, 1954, 19 F.R. 3985, 68 Stat. 1279
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1954, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
Section 1. Establishment of Commission
There is hereby established the Foreign Claims Settlement Commission of the United States, hereinafter referred to as the Commission. The Commission shall be composed of three members, who shall each be appointed by the President by and with the advice and consent of the Senate, hold office during the pleasure of the President, and receive compensation at the rate of $15,000 per annum. The President shall from time to time designate one of the members of the Commission as the Chairman of the Commission, hereinafter referred to as the Chairman. Two members of the Commission shall constitute a quorum for the transaction of the business of the Commission.
Sec. 2. Transfer of Functions
(a) All functions of the War Claims Commission and of the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States.
(b) All functions of the International Claims Commission of the United States (hereinafter referred to as the International Claims Commission) and the members, officers, and employees thereof are hereby transferred to the Foreign Claims Settlement Commission of the United States.
(c) The functions of the Secretary of State and of the Department of State with respect to the International Claims Commission and its affairs, exclusive of the functions of the said Secretary and Department under sections 3(c), 4(b), and 5, and the first sentence of section 8(d), of the International Claims Settlement Act of 1949,
(d) The functions of the Commissioner provided for in the Joint Resolution approved August 4, 1939, ch. 421,
Sec. 3. Certain Functions of Chairman
There are hereby vested in the Chairman all functions of the Commission with respect to the internal management of the affairs of the Commission, including but not limited to functions with respect to: (a) the appointment of personnel employed under the Commission, (b) the direction of employees of the Commission and the supervision of their official activities, (c) the distribution of business among employees and organizational units under the Commission, (d) the preparation of budget estimates, and (e) the use and expenditure of funds of the Commission available for expenses of administration.
Sec. 4. Abolitions
(a) The War Claims Commission provided for in the War Claims Act of 1948,
(b) The functions of the Secretary of State under the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949, as amended [
Sec. 5. Authorization To Delegate
The Commission is hereby authorized to delegate any of its functions to one or more persons designated by the Commission from among the members of the Commission and the officers and employees serving under the Commission.
Sec. 6. Transitional Provisions
(a) Any person who is a member or acting member of the War Claims Commission or of the International Claims Commission immediately prior to the taking effect of the provisions of this reorganization plan may be designated by the President as an acting member of the Foreign Claims Settlement Commission of the United States in respect of an office of member the initial appointment to which has not then been made under section 1 of this reorganization plan. Each such acting member of the said Foreign Claims Settlement Commission shall perform the duties and receive the compensation of member. Unless sooner terminated, the tenure of any acting member designated hereunder shall terminate when the office of member concerned is filled in pursuance of section 1 hereof, or 120 days after the effective date of this reorganization plan, whichever is earlier.
(b) The Chairman shall make such provisions as may be necessary with respect to winding up any affairs of the agencies abolished by the provisions of this reorganization plan not otherwise provided for herein.
(c) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available, in connection with the functions transferred by section 2 of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Commission at such time or times as the said Director shall direct.
(d) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (c) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 7. Effective Date
The provisions of this reorganization plan shall take effect on the date determined under section 6(a) of the Reorganization Act of 1949, as amended or the first day of July, 1954, whichever is later.
[For provisions transferring the Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 1 of 1954, prepared in accordance with the Reorganization Act of 1949, as amended.
The reorganization plan establishes a new Government agency, the Foreign Claims Settlement Commission of the United States; transfers to that Commission the functions of the War Claims Commission and of the International Claims Commission of the United States; and abolishes the latter two Commissions.
The Foreign Claims Settlement Commission will be composed of three members appointed by the President by and with the advice and consent of the Senate. The President will designate one of the members as Chairman of the Commission. The Chairman will be responsible for the internal management of the affairs of the Commission. The reorganization plan contains provisions designed to assure smooth administration of functions during the period of transition to the new organization.
The War Claims Commission was created as a temporary agency by the War Claims Act of 1948. The Commission was made responsible for settling certain claims of former United States World War II prisoners of war, civilian internees captured or in hiding to avoid capture in the Philippines, Guam, Wake Island, and the Midway Islands, and certain religious organizations in the Philippines which had aided American forces during the war. In 1952, the Commission was assigned, additionally, the administration of claims of Philippine religious organizations which sustained losses of their educational, medical, and welfare facilities in the war, and of benefits to United States prisoners of war for inhumane treatment during internment by the enemy.
From its inception in 1949 to April 1, 1954, approximately 500,000 claims were filed with the War Claims Commission, and approximately $134 million was paid to claimants. Approximately 96,000 remaining claims are in the process of settlement, and the Commission must complete action on them, together with such appeals as may be filed, by March 31, 1955.
The International Claims Commission was established within the Department of State by the International Claims Settlement Act of 1949. Its immediate function was to adjudicate claims covered by a settlement of $17 million which was deposited with the Government of the United States by the Yugoslav Government primarily to compensate our nationals for losses sustained through nationalization of properties. The act also authorized the Commission to settle such claims as might be included later in any similar agreement between the United States and a foreign government. Subsequently, the Commission was assigned the administration of a $400,000 settlement negotiated with the Government of Panama.
From its establishment in 1950 to April 1, 1954, the International Claims Commission has settled 531 claims out of a total of 1,622 filed. Of this total, 1,555 claims were against Yugoslavia and 67 were against Panama. Under the act, settlement of the remaining Yugoslav claims must be completed by December 31, 1954.
The accompanying reorganization plan has substantial potential advantages. The Foreign Claims Settlement Commission will be able to administer any additional claims programs financed by funds derived from foreign governments without the delay which has often characterized the initiation of past programs. Moreover, the use of an existing agency will be more economical than the establishment of a new commission to administer a given type of foreign claims program. Consolidation of the affairs of the two present Commissions will also permit the retention and use of the best experience gained during the last several years in the field of claims settlement. The declining workload of current programs can be meshed with the rising workload of new programs with maximum efficiency and effectiveness.
A proposed new claims program now pending before the Senate would provide benefits similar to those paid to World War II victims under the War Claims Act for losses and internments resulting from hostilities in Korea. The executive branch of the Government has recommended approval of this program by the Congress. I now suggest that this program be assigned by law to the Foreign Claims Settlement Commission.
There should also be assigned to this new Commission the settlement of such of the claims programs as may be authorized from among those recommended by the War Claims Commission in its report made pursuant to section 8 of the War Claims Act. That report, posing many complex policy, legal, and administrative problems, is now being reviewed by executive agencies; and recommendations will soon be sent to the Congress.
By peace treaties and an international agreement, the United States has acquired the right to utilize certain external assets and settlement funds of several countries. A total of about $39 million is available to indemnify claims of United States nationals against the Governments of Rumania, Hungary, Bulgaria, and Italy, arising out of war damage or confiscations in those countries. In addition, claims growing out of United States losses from default on obligations and nationalization of properties may be settled by awards from $9 million realized from an agreement made in 1933 with the Soviet Union, known as the Litvinov assignment. Action by the Congress is necessary before these various funds may be assigned for settlement, and recommendations of the executive branch in this connection will be transmitted at an early date.
In addition to the reorganizations I have described, the reorganization plan transfers to the Foreign Claims Settlement Commission the functions of the Commissioner provided for in the joint resolution of August 4, 1939. These functions involve the receipt and administration of claims covered by the Litvinov assignment. The office of Commissioner, for which funds have never been appropriated and which has never been filled, is abolished.
The reorganization plan does not transfer the war claims fund or the Yugoslav claims fund from the Department of the Treasury, or divest the Secretary of the Treasury of any functions under the War Claims Act of 1948, as amended, or under the International Claims Settlement Act of 1949, as amended. It does not limit the responsibility of the Secretary of State with respect to the conduct of foreign affairs. The reorganizations contained in the reorganization plan will not prejudice any interest or potential interest of any claimant.
After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of officers specified in section 1 of the plan. The rate of compensation fixed for each of these officers is that which I have found to prevail in respect of comparable officers in the executive branch of the Government.
The statutory citation for certain functions of the Secretary of State with respect to the International Claims Commission which are abolished by the reorganization plan, is the third and fourth sentences of section 3(c) of the International Claims Settlement Act of 1949 (
It is at this time impracticable to specify the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations contained in the plan.
Reorganization Plan No. 1 of 1954 provides a single agency for the orderly completion of present claims programs. In addition, it provides an effective organization for the settlement of future authorized claims programs by utilizing the experience gained by present claims agencies. It provides unified administrative direction of the functions concerned, and it simplifies the organizational structure of the executive branch. I urge that the Congress allow the reorganization plan to become effective.
Dwight D. Eisenhower.
1 See Modification of Reporting Requirements note below.
§1622a. Transfer of Foreign Claims Settlement Commission of the United States to Department of Justice
The Foreign Claims Settlement Commission of the United States, established under Reorganization Plan Numbered 1 of 1954, is hereby transferred to the Department of Justice as a separate agency within that Department.
(
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985,
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Authority of Director of Office of Management and Budget Relating to Transfer of Foreign Claims Settlement Commission of the United States and Termination of Affairs of Annual Assay Commission, United States Marine Corps Memorial Commission, and Low-Emission Vehicle Certification Board
§1622b. Transfer of functions, powers, and duties of Foreign Claims Settlement Commission of the United States
All functions, powers, and duties of the Foreign Claims Settlement Commission established by Reorganization Plan Numbered 1 of 1954 are hereby transferred with the Commission, together with personnel, assets, liabilities, unexpended balances of appropriations, authorizations, allocations, and other funds held, used, available, or to be made available in connection with the statutory functions of the Commission. The Commission shall continue to perform its functions as provided by the War Claims Act of 1948, as amended [
(
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985,
The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826,
The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54,
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
§1622c. Membership of Foreign Claims Settlement Commission of the United States
(a) Composition of Commission; appointment and compensation of Chairman
The Commission shall be composed of a Chairman and two members. The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, to serve on a full-time basis for a term of three years, and compensated at the rate provided for level V of the Executive Schedule under
(b) Appointment and compensation of members other than Chairman
The other members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate, and serve on a part-time basis, and be compensated on a per diem basis at a rate of compensation equivalent to the daily rate for level V of the Executive Schedule under
(c) Terms of office
The terms of Office of the Chairman and members of the Commission shall be for three years, except the Chairman and members first appointed after the enactment of this subsection shall be appointed to terms ending respectively September 30, 1982, September 30, 1981, and September 30, 1980. The incumbent of any such office may continue to serve until a successor takes office.
(d) Continuation in office of existing members
Notwithstanding the provisions of subsections (a), (b), and (c) of this section, members of the Foreign Claims Settlement Commission who are serving on March 14, 1980, shall continue to serve in their same capacities until the expiration of the terms to which they were appointed.
(
Editorial Notes
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
§1622d. Appointment and compensation of officers and employees of Foreign Claims Settlement Commission of the United States; allowances and benefits; utilization of other Federal facilities
The Commission is authorized, in accordance with civil service laws and in accordance with title 5 to appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. The Commission is authorized to employ experts and consultants in accordance with
(
Editorial Notes
References in Text
Title IX of the Foreign Service Act of 1946, as amended, referred to in text, is title IX of act Aug. 13, 1946, ch. 957,
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Salaries and Expenses of Foreign Claims Settlement Commission
§1622e. Vesting of all non-adjudicatory functions, powers, and duties in Chairman of Foreign Claims Settlement Commission of the United States
All functions, powers, and duties not directly related to adjudicating claims are hereby vested in the Chairman, including the functions set forth in section 3 of Reorganization Plan Numbered 1 of 1954 and the authority to issue rules and regulations.
(
Editorial Notes
References in Text
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan. No. 1 of 1954, July 1, 1954, 19 F.R. 3985,
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
§1622f. Administrative support and services to Foreign Claims Settlement Commission of the United States by Attorney General
The Attorney General shall provide necessary administrative support and services to the Commission. The Chairman shall prepare the budget requests, authorization documents, and legislative proposals for the Commission within the procedures established by the Department of Justice, and the Attorney General shall submit these items to the Director of the Office of Management and Budget as proposed by the Chairman.
(
Editorial Notes
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
§1622g. Independence of Foreign Claims Settlement Commission of the United States; finality of Commission decisions
Nothing in this Act shall be construed to diminish the independence of the Commission in making its determinations on claims in programs that it is authorized to administer pursuant to the powers and responsibilities conferred upon the Commission by the War Claims Act of 1948, as amended [
(
Editorial Notes
References in Text
This Act, referred to in text, is
The War Claims Act of 1948, as amended, referred to in text, is act July 3, 1948, ch. 826,
The International Claims Settlement Act of 1949, as amended, referred to in text, is act Mar. 10, 1950, ch. 54,
Reorganization Plan Numbered 1 of 1954, referred to in text, is Reorg. Plan No. 1 of 1954, July 1, 1954, 19 F.R. 3985,
Codification
Section was not enacted as part of the International Claims Settlement Act of 1949 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Mar. 14, 1980, see title VI of
§1623. Claims
(a) Jurisdiction of Commission; bases for determination; fair market value
(1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any claim of the Government of the United States or of any national of the United States—
(A) included within the terms of the Yugoslav Claims Agreement of 1948;
(B) included within the terms of any claims agreement concluded on or after March 10, 1954, between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof; or
(C) included in a category of claims against a foreign government which is referred to the Commission by the Secretary of State.
(2) In the decision of claims under this subchapter, the Commission shall apply the following in the following order:
(A) The provisions of the applicable claims agreement as provided in this subsection.
(B) The applicable principles of international law, justice, and equity. In determining the value of a claim under international law, the Commission shall award the fair market value of the property as of the time of the taking by the foreign government involved (without regard to any action or event that occurs after the taking), except that the value of the claim shall not reflect any diminution in value attributable to actions which are carried out, or threats of action which are made, by the foreign government with respect to the property before the taking. Fair market value shall be ascertained in accordance with the method most appropriate to the property taken and equitable to the claimant, including—
(i) market value of outstanding equity securities;
(ii) replacement value;
(iii) going-concern value (which includes consideration of an enterprise's profitability); and
(iv) book value.
In the case of any claim for losses in a service industry, the appropriate basis of valuation shall be presumed to be that referred to in clause (iii). For purposes of the preceding sentence, the term "service" means economic activity the output of which is other than tangible goods.
(b) Notice of filing time; publication; basis of decisions; finality of decision
The Commission shall give public notice of the time when, and the limit of time within which, claims may be filed, which notice shall be published in the Federal Register. In addition, the Commission is authorized and directed to mail a similar notice to the last known address of each person appearing in the records of the Department of State as having indicated an intention of filing a claim with respect to a matter concerning which the Commission has jurisdiction under this subchapter. All decisions shall be upon such evidence and written legal contentions as may be presented within such period as may be prescribed therefor by the Commission, and upon the results of any independent investigation of cases which the Commission may deem it advisable to make. Each decision by the Commission pursuant to this subchapter shall be by majority vote, and shall state the reason for such decision, and shall constitute a full and final disposition of the case in which the decision is rendered.
(c) Administration of oaths; examination of witnesses; subpenas; reporting of hearings; witness fees; contempt
Any member of the Commission, or any employee of the Commission, designated in writing by the Chairman of the Commission, may administer oaths and examine witnesses. Any member of the Commission may require by subpena the attendance and testimony of witnesses, and the production of all necessary books, papers, documents, records, correspondence, and other evidence, from any place in the United States at any designated place of inquiry or of hearing. The Commission is authorized to contract for the reporting of inquiries or of hearings. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of disobedience to a subpena, the aid of any district court of the United States, as constituted by
(d) Depositions
The Commission may order testimony to be taken by deposition in any inquiry or hearing pending before it at any stage of such proceeding or hearing. Such depositions may be taken, under such regulations as the Commission may prescribe, before any person designated by the Commission and having power to administer oaths. Any person may be compelled to appear and depose, and to produce books, papers, documents, records, correspondence, and other evidence in the same way as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinabove provided. If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken, provided the laws of the foreign country so permit, by a consular officer, or by an officer or employee of the Commission, or other person commissioned by the Commission, or under letters rogatory issued by the Commission. Witnesses whose depositions are taken as authorized in this subsection, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
(e) Penalties
In addition to the penalties provided in
(f) Attorney's fees; limitation
No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this subchapter on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both.
(g) Representation by United States; payments
The Attorney General shall assign such officers and employees of the Department of Justice as may be necessary to represent the United States as to any claims of the Government of the United States with respect to which the Commission has jurisdiction under this subchapter. Any and all payments required to be made by the Secretary of the Treasury under this subchapter pursuant to any award made by the Commission to the Government of the United States shall be covered into the Treasury to the credit of miscellaneous receipts.
(h) Notification of disposition of claims; right to hearing; finality of Commission's decision
The Commission shall notify all claimants of the approval or denial of their claims, stating the reasons and grounds therefor, and, if approved, shall notify such claimants of the amount for which such claims are approved. Any claimant whose claim is denied, or is approved for less than the full amount of such claim, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission, or its duly authorized representatives, with respect to such claim. Upon such hearing, the Commission may affirm, modify, or revise its former action with respect to such claim, including a denial or reduction in the amount theretofore allowed with respect to such claim. The action of the Commission in allowing or denying any claim under this subchapter shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.
(i) Separation of awards
The Commission may in its discretion enter an award with respect to one or more items deemed to have been clearly established in an individual claim while deferring consideration and action on other items of the same claim.
(j) Compliance with administrative procedure law
The Commission shall comply with the provisions of subchapter II of
(k) Compliance with principles of international law, justice and equity; fair market value
In exercising authority granted after October 8, 1986, under this chapter or any other Act, the Commission, in determining the value of claims of the Government of the United States or of nationals of the United States (as defined in this chapter or such other Act) against any foreign government for losses arising from the nationalization or other taking of property, shall comply with the principles set forth in subsection (a)(2) of this section.
(Mar. 10, 1950, ch. 54, title I, §4,
Editorial Notes
Codification
In subsec. (j), "subchapter II of
Amendments
1998—Subsec. (a).
1986—Subsec. (a).
Subsec. (k).
1968—Subsec. (f).
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Subsecs. (a), (b), (e) to (h) and (j). Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Effective Date of 1986 Amendment
Protests Relating to Awards by Commission; Notice by Publication in Federal Register
Act Mar. 10, 1950, ch. 54, title VI, §615, as added
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985,
For provisions transferring the Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see
§1624. Certification of awards; certification of claims
The Commission shall, as soon as possible, and in the order of the making of such awards, certify to the Secretary of the Treasury and to the Secretary of State copies of the awards made in favor of the Government of the United States or of nationals of the United States under this subchapter. The Commission shall certify to the Secretary of State, upon his request, copies of the formal submissions of claims filed pursuant to subsection (b) of
(Mar. 10, 1950, ch. 54, title I, §5,
Editorial Notes
Amendments
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985,
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see
§1625. Omitted
Editorial Notes
Codification
Section, acts Mar. 10, 1950, ch. 54, title 1, §6,
§1626. Payments
(a) Principal and interest; regulations
Subject to the limitations hereinafter provided, the Secretary of the Treasury is authorized and directed to pay, as prescribed by
(b) Deductions; coverage into Treasury; reimbursement for expenses
(1) There shall be deducted from the amount of each payment made pursuant to subsection (c) of
(2) The Secretary of the Treasury shall deduct from any amounts covered, subsequent to July 24, 1968, into any special fund, created pursuant to
(c) To whom made; exceptions
Payments made pursuant to this subchapter shall be made only to the person or persons on behalf of whom the award is made, except that—
(1) if any person to whom any payment is to be made pursuant to this subchapter is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Secretary of the Treasury to be entitled thereto, without the necessity of compliance with the requirements of law with respect to the administration of estates;
(2) in the case of a partnership or corporation, the existence of which has been terminated and on behalf of which an award is made, payment shall be made, except as provided in paragraphs (3) and (4) of this subsection, to the person or persons found by the Secretary of the Treasury to be entitled thereto;
(3) if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court;
(4) if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear; and
(5) in the case of any assignment of an award, or any part thereof, which is made in writing and duly acknowledged and filed, after such award is certified to the Secretary of the Treasury, payment may, in the discretion of the Secretary of the Treasury, be made to the assignee, as his interest may appear.
(d) Erroneous payments as bar to further recovery
Whenever the Secretary of the Treasury shall find that any person is entitled to any such payment, after such payment shall have been received by such person, it shall be an absolute bar to recovery by any other person against the United States, its officers, agents, or employees with respect to such payment.
(e) Acquiescence in conditions of subchapter
Any person who makes application for any such payment shall be held to have consented to all the provisions of this subchapter.
(f) Non-assumption of liability by United States on claims against foreign governments
Nothing in this subchapter shall be construed as the assumption of any liability by the United States for the payment or satisfaction, in whole or in part, of any claim on behalf of any national of the United States against any foreign government.
(Mar. 10, 1950, ch. 54, title I, §7,
Editorial Notes
Amendments
1996—Subsec. (c)(1), (2).
Subsec. (d).
1968—Subsec. (b).
Subsec. (c)(1).
1955—Act Aug. 9, 1955, §1, amended credit to section by designating act Mar. 10, 1950, as "title I".
Act Aug. 9, 1955, §2, substituted "subchapter" for "chapter".
1953—Subsec. (b). Act Aug. 8, 1953, increased the amount deductible to cover expenses from 3 to 5 percent.
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1, of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985,
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see
§1627. Creation of special funds in Treasury
(a) Credits to, and payment from funds
There are created in the Treasury of the United States (1) a special fund to be known as the Yugoslav Claims Fund; and (2) such other special funds as may, in the discretion of the Secretary of the Treasury, be required, each to be a claims fund to be known by the name of the foreign government which has entered into a settlement agreement with the Government of the United States as described in subsection (a) of
(b) Credits to Yugoslav Claims Fund; credits to other funds
The Secretary of the Treasury is authorized and directed to cover into—
(1) the Yugoslav Claims Fund the sum of $17,000,000 being the amount paid by the Government of the Federal People's Republic of Yugoslavia pursuant to the Yugoslav Claims Agreement of 1948;
(2) a special fund created for that purpose pursuant to subsection (a) of this section any amounts hereafter paid, in United States dollars, by a foreign government which has entered into a claims settlement agreement with the Government of the United States as described in subsection (a) of
(c) Payment of awards
The Secretary of the Treasury is authorized and directed out of the sums covered, prior to July 24, 1968, into any of the funds pursuant to subsection (b) of this section, and after making the deduction provided for in
(1) to make payments in full of the principal of awards of $1,000 or less, certified pursuant to
(2) to make payments of $1,000 on the principal of each award of more than $1,000 in principal amount, certified pursuant to
(3) to make additional payment of not to exceed 25 per centum of the unpaid principal of awards in the principal amount of more than $1,000;
(4) after completing the payments prescribed by paragraphs (2) and (3) of this subsection, to make payments, from time to time in ratable proportions, on account of the unpaid principal of all awards in the principal amount of more than $1,000, according to the proportions which the unpaid principal of such awards bear to the total amount in the fund available for distribution at the time such payments are made; and
(5) after payment has been made of the principal amounts of all such awards, to make pro rata payments on account of accrued interest on such awards as bear interest.
(d) Payment of balance to Yugoslav Government; certification of adjudication costs; finality of certification
The Secretary of the Treasury, upon the concurrence of the Secretary of State, is authorized and directed, out of the sum covered into the Yugoslav Claims Fund pursuant to subsection (b) of this section, after completing the payments of such funds pursuant to subsection (c) of this section, to make payment of the balance of any sum remaining in such fund to the Government of the Federal People's Republic of Yugoslavia to the extent required under article 1(c) of the Yugoslav Claims Agreement of 1948. The Secretary of State shall certify to the Secretary of the Treasury the total cost of adjudication, not borne by the claimants, attributable to the Yugoslav Claims Agreement of 1948. Such certification shall be final and conclusive and shall not be subject to review by any other official, or department, agency, or establishment of the United States.
(e) Payments; priorities
Except as provided in subsection (f), the Secretary of the Treasury is authorized and directed out of sums covered, subsequent to July 24, 1968, into any special fund created pursuant to this section to make payment on account of awards certified by the Commission pursuant to this subchapter with respect to claims included within the terms of a claims settlement agreement concluded between the Government of the United States and a foreign government as described in
(1) Payment in the amount of $1,000 or the principal amount of the award, whichever is less;
(2) Thereafter, payments from time to time on account of the unpaid principal balance of each remaining award which shall bear to such unpaid principal balance the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid principal balance of all such awards; and
(3) Thereafter, payments from time to time on account of the unpaid balance of each award of interest which shall bear to such unpaid balance of interest, the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid balance of interest of all such awards.
(f) People's Republic of China; claim payment priorities
(1) Out of sums covered after May 11, 1979, into the special fund created pursuant to this section to receive funds paid by the People's Republic of China, the Secretary of the Treasury is authorized and directed to make payments on account of awards certified by the Commission pursuant to subchapter V with respect to claims included within the terms of the Agreement Between the Government of the United States of America and the Government of the People's Republic of China Concerning the Settlement of Claims, signed on May 11, 1979, in the following order of priority:
(A) Payment in the amount of $1,000 or the principal amount of the award, whichever is less.
(B) Thereafter, except as provided in paragraph (2), to the extent there remain unpaid principal balances on awards, payments from time to time on account of the unpaid principal balance of each remaining award which bear to such unpaid principal balance the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid principal balance of all such awards.
(C) Thereafter, payments from time to time on account of the unpaid balance of each award of interest which bear to such unpaid balance of interest the same proportion as the total amount available for distribution at the time such payments are made bears to the aggregate unpaid balance of interest of all such awards.
(2)(A) For the purpose of computing the payments to be made under paragraph (1) to any claimant which was an incorporated business enterprise on the date of nationalization or other taking of property, the award certified by the Commission under subchapter V shall be reduced by the amount of Federal tax benefits derived by such claimant on account of the losses upon which such claim was based, but in no case shall such payments be reduced below the amount paid to such claimant on account of such claim before October 13, 1980. For purposes of this subparagraph, such Federal tax benefits shall be the amount by which the claimant's taxes in any prior taxable year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of the Internal Revenue Code of 1986, were decreased with respect to the loss or losses upon which the claim was based. The sum of the amounts which would otherwise be payable but for this paragraph which are not paid to any such claimant shall be aggregated, and the Secretary of the Treasury is authorized and directed to make payments out of such aggregated sums in accordance with subparagraph (B).
(B) To the extent that there remain unpaid principal balances on awards to claimants which were, on the date of nationalization or other taking of property, nonprofit organizations operated exclusively for the promotion of social welfare, religious, charitable, or educational purposes (after payments made to such nonprofit organizations pursuant to subparagraphs (A) and (B) of paragraph (1) are taken into account), the Secretary of the Treasury is authorized and directed to make payments from time to time on account of the unpaid principal balance of each remaining award to such nonprofit organizations which bear to such unpaid principal balance the same proportion as the total sums aggregated pursuant to subparagraph (A) at the times such payments are made bear to the aggregate unpaid principal balance of all such awards to nonprofit organizations.
(g) Authority to invest and recover expenses from funds
The Secretary of the Treasury is authorized and directed to invest the amounts held respectively in the "special funds" established by this section in public debt securities with maturities suitable for the needs of the separate accounts and bearing interest at rates determined by the Secretary, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest earned on the amounts in each special fund shall be used to make payments, in accordance with subsection (c), on awards payable from that special fund.
(Mar. 10, 1950, ch. 54, title I, §8,
Editorial Notes
References in Text
The Internal Revenue Code of 1939, referred to in subsec. (f)(2)(A), was generally repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by
Subtitle A of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(A), is subtitle A of act Aug. 16, 1954, ch. 736,
Amendments
1987—Subsec. (g).
1986—Subsec. (f)(2)(A).
1980—Subsec. (e).
Subsec. (f).
1968—Subsec. (c).
Subsec. (e).
1955—Act Aug. 9, 1955, amended credit to section by designating act Mar. 10, 1950, as "title I".
Statutory Notes and Related Subsidiaries
References to This Subchapter Deemed To Include Section 119 of H.R. 2076
References to this subchapter deemed to include section 119 of H.R. 2076, see section 119(b) of H.R. 2076, as enacted into law by
Executive Documents
Abolition of International Claims Commission and Transfer of Functions
International Claims Commission of the United States, including offices of its members, abolished and functions of Commission and of members, officers, and employees thereof transferred to Foreign Claims Settlement Commission of the United States by Reorg. Plan No. 1 of 1954, §§1, 2, 4, eff. July 1, 1954, 19 F.R. 3985,
For provisions transferring Foreign Claims Settlement Commission of the United States as a separate agency within the Department of Justice, see